Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996 Page: 10,736
10639-10789 p. ; 28 cm.View a full description of this periodical.
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The Texas Commission for the Blind proposes the repeal of
174.1-174.12 and the concurrent adoption of new 174-
174.12 of Chapter 174 concerning the Endowment Loan Fund.
The purpose of the repeal is to allow for new sections that make
the loan fund available to a wider range of persons who are
blind and which contain fewer restrictions. The new sections
describe who may apply for a loan, the purpose for which loans
will be considered, the maximum amount of an individual loan,
the conditions that must be met upon granting of a loan, such
as payments, insurance and maintenance, and conditions under
which loans will be considered in default.
Pat D. Westbrook, Executive Director, has determined that for
the first five years the rules are in effect the fiscal implications
for state or local government as a result of enforcing or
administering the amendments may be ultimately positive to
the state because of earned interest on the loans. The amount
is expected to be minimal, but cannot be determined due to an
indeterminate number of people who may apply and qualify.
Mr. Westbrook also has determined that for each year of
the first five years the rule as proposed is in effect the public
benefits anticipated as a result of enforcing the rule will be a
funding source for persons who are blind for the purpose of
purchasing sensory aid equipment necessary to obtain work,
enhance performance on the job, or to achieve a status of
independence in daily living. There will be no effect on small
businesses. The cost to individuals who are required to comply
with the rules is determined by the amount of their loan. Loans
carry an interest rate equal to the average depository interest
rate that the agency receives from funds on deposit with the
state treasury during the month immediately preceding the date
that the loan agreement is approved and signed, or a 10%
simple interest rate, whichever interest rate is the lesser.
Questions about the content of this proposal may be directed
to Jean Crecelius at (512) 459-2611. Written comments on the
proposal may be submitted to Policy and Rules Coordinator, P.
O. Box 12866, Austin, Texas 78711, within 30 days from the
date of this publication.
The repeals are proposed under the Human Resources Code,
Title 5, Chapter 91, 91.0301, which authorizes the commission
to establish a program to make loans to finance the purchase
of technological aids for persons who are visually handicapped,
and which authorizes the commission to promulgate rules to
administer the program.
No other statutes, articles, or codes are affected by the repeals.
174.1. Purpose.
174.2. Availability of Funds.
174.3. Eligibility.
174.4. Restrictions.174.5. Interest.
1 74.6. Payments.
174.7. Prepayment174.8.
174.9.qt.
Application.
Equipment Maintenance.174.10. Insurance.
174.11. Maintenance and Insurance Renewals.174.12. Default and Repossession.
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Issued in Austin, Texas, on October 17, 1996.
TRD-9615300
Pat D. Westbrook
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: November 29, 1996
For further information, please call: (512) 459-2611
The new rules are proposed under the Human Resources Code,
Title 5, Chapter 91, 91.0301, which authorizes the commission
to establish a program to make loans to finance the purchase
of technological aids for persons who are visually handicapped,
and which authorizes the commission to promulgate rules to
administer the program.
No other statutes, articles, or codes are affected by the new
rules.
174.1. Purpose.
The purpose of this chapter is to establish rules for applying for a loan
from the Commission's endowment loan fund. Loans are available
for the purpose of purchasing sensory aid equipment necessary to
obtain work, enhance performance on the job, or to achieve a status
of independence in daily living. The chapter also establishes rules
for repayment of a loan.
174.2. Availability of Funds.
(a) The total amount of funds available for loans shall be
limited to the interest accrued in any given year on the corpus of
the Commission's endowment loan fund, plus unspent interest from
previous years.
(b) If requests for loans exceed the amount of available funds
in any given year, applications shall be considered on a first-come,
first-served basis.
174.3. Eligibility.
To apply for a loan, an applicant must:
(1) be a resident of Texas;
(2) be blind or legally blind; and
(3) have satisfied the executive director of the Commis-
sion as to credit worthiness and need for the equipment for which the
loan is requested.
174.4. Restrictions.
(a) Loans shall be available only for equipment essential to
securing or enhancing gainful employment of the applicant ("gainful
employment" means employment which pays wages at least equal to
the then prevailing minimum wage as established from time to time
by the Congress of the United States), or for an applicant to achieve
a status of independence in their daily living.
(b) The amount of an individual loan shall be limited to
$10,000.00 or the cost of the equipment, whichever is the lesser
amount.21 TexReg 10736 October 29, 1996
Texas Register
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Texas. Secretary of State. Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996, periodical, October 29, 1996; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth182324/m1/98/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.